People v. Friedman

403 N.E.2d 229, 79 Ill. 2d 341, 38 Ill. Dec. 141, 1980 Ill. LEXIS 307
CourtIllinois Supreme Court
DecidedMarch 28, 1980
Docket51526
StatusPublished
Cited by147 cases

This text of 403 N.E.2d 229 (People v. Friedman) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Friedman, 403 N.E.2d 229, 79 Ill. 2d 341, 38 Ill. Dec. 141, 1980 Ill. LEXIS 307 (Ill. 1980).

Opinion

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

Defendant, Morris Friedman, was convicted in a jury trial in the circuit court of Lake County of 10 counts of theft by deception (Ill. Rev. Stat. 1975, ch. 38, par. 16 — 1(b)) and one count of conspiracy to commit theft by deception (Ill. Rev. Stat. 1975, ch. 38, par. 8 — 2). The trial court sentenced defendant to concurrent terms of imprisonment of 3 1/3 to 10 years for five of the theft counts, to be served consecutively with concurrent 3 1/3-to 10-year terms of imprisonment for the remaining five counts. In addition, the trial court imposed fines amounting to $100,000. The appellate court reversed defendant’s conviction and remanded the cause for a new trial (65 Ill. App. 3d 613), holding that defendant had been denied the right to counsel of his choice when the circuit court denied defendant’s motion for substitution of counsel. We allowed the State’s petition for leave to appeal. Though we disagree with the appellate court’s holding that defendant was denied the right to counsel of his choice, we do agree that defendant’s conviction must be reversed for the reasons that follow.

Defendant, together with six other individuals, was indicted on May 24, 1976. This indictment arose out of defendant’s activities in connection with four “marketing corporations” which he had established. The appellate court opinion describes in detail the methods employed by defendant and Ted Moore, a codefendant in the trial of this cause, to induce the participation of unsophisticated investors in these enterprises. (65 Ill. App. 3d 613, 615.) Only those facts relevant to our opinion will be discussed.

After indictment in Lake County on May 24, 1976, and extradition from Arizona in July 1976, defendant appeared with retained counsel, William H. Wise, in the circuit court of Lake County on July 22, 1976, for purposes of arraignment and bond reduction. On this date, trial was set for October 6, 1976. Defendant’s motion to travel outside the State for business purposes was granted on August 6, 1976. The trial judge assigned to the case, Judge Doran, became ill in early October, the matter was continued, and Judge Doran was eventually replaced by Judge Krause. William H. Wise withdrew as counsel for defendant on October 19, 1976, citing certain irreconcilable differences as the basis. On October 22, 1976, Judge Krause ordered all pretrial motions to be filed on or before November 19, 1976, setting argument for November 29, 1976. He further advised all parties to expect trial in early January 1977. At this time the public defender was appointed to represent defendant. Defendant was then further advised that he could substitute retained counsel for appointed counsel if he later obtained funds, subject to the condition that retained counsel be ready for trial on the scheduled date.

On November 4, 1976, defendant, at that time residing in Arizona, wrote a letter to Judge Krause expressing his dissatisfaction with the public defender. Defendant stated that he had made repeated efforts to contact the public defender by telephone, stating further that these calls remained unanswered. Judge Krause responded to this correspondence on November 15, 1976. He informed defendant that if the preparation of his defense required that he return to Illinois, he should do so. On November 29, 1976, pretrial motions were argued with George Pease, public defender of Lake County, representing defendant. Pease noted for the record that his office had received correspondence from defendant complaining of numerous unsuccessful attempts to contact his office. Pease stated that a review of the telephone log revealed no such attempts and that he had written defendant advising him of the proper number to call. Judge Krause commented that if the preparation of the defense required defendant’s return, he would consider the State’s motion to restrict defendant’s travel. Judge Krause then set a final pretrial date of January 7, 1977, and a final trial date for January 17, 1977.

On January 17, 1977, the morning of trial, defendant presented the court with a letter from Raymond J. Smith, a private attorney. Smith stated that on January 14, 1977, defendant had contacted him concerning representation in the present case. Smith also stated that defendant had been informed that he could assume representation only if the present trial were continued to allow him to prepare the defense, and that he would presently be on trial in another matter until January 25, 1977. Smith’s letter further indicated that defendant had expressed dissatisfaction with his appointed counsel. At this time, the prosecution and the codefendant, Ted Moore, were both prepared to go to trial. Without discussing this matter with either the prosecution or codefendant, Judge Krause noted that this request for a continuance was not in the form of a motion, stating that if it were, it would be denied.

Defendant then stated that he had lost faith in his appointed counsel and objected to his representation. Defendant informed the court that he had discussed his appointed counsel’s advice to plead guilty with counsel from the Federal defender’s office who had been appointed to represent defendant on Federal mail fraud charges arising out of the same series of transactions. According to defendant, it was the opinion of his Federal counsel that defendant had an adequate defense to the Federal charges. On the basis of this opinion, related to defendant’s indictment for mail fraud, defendant stated that he lost faith in his public defender. The trial court then questioned Pease. Pease agreed that he would make the State prove each and every charge against defendant, and the court stated that he was defendant’s appointed counsel.

Defendant continued his objection to this representation, stating that he wished to waive representation by counsel altogether. The court instructed the public defender to be present to consult with defendant if needed. The court then informed defendant that he had an absolute right to discharge his attorney, but that the trial would begin that day. Defendant stated that, under those circumstances, he wished to be represented by the public defender. On the second day of trial, Gerald Werksman, a private attorney retained by defendant’s friends, joined the defense.

The appellate court, relying upon the fact that defendant had not previously been granted a continuance to secure private counsel, and the trial judge’s failure to determine the length of time that defendant’s chosen attorney would require to prepare the case, found that defendant had been denied the right to counsel of his own choosing.

By statute in Illinois, the decision to grant or to deny a motion for continuance lies in the sound discretion of the court (Ill. Rev. Stat. 1973, ch. 38, par. 114 — 4(e)). In addition to the specific circumstances enumerated in the statute, the court may grant a continuance if the “interests of justice” so demand (Ill. Rev. Stat. 1973, ch. 38, pars. 114 — 4(d), (f)). Our continuance provisions are to be construed “to the end that criminal cases are tried with due diligence consonant with the rights of the defendant and the State to a speedy, fair and impartial trial.” (Ill. Rev. Stat. 1973, ch. 38, par. 114 — 4(h).) To accomplish this end, section 114 — 4(e) provides that all motions for continuance “shall be considered in light of the diligence shown on the part of the movant.” (Ill. Rev. Stat. 1973, ch. 38, par.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Jones
2025 IL App (2d) 240375-U (Appellate Court of Illinois, 2025)
People v. Montgomery
2023 IL App (3d) 200389 (Appellate Court of Illinois, 2023)
People v. Fleming
2023 IL App (2d) 200745-U (Appellate Court of Illinois, 2023)
People v. Pierce
2021 IL App (2d) 190205-U (Appellate Court of Illinois, 2021)
People v. Orr
2021 IL App (1st) 180489-U (Appellate Court of Illinois, 2021)
People v. Ramsey
2018 IL App (2d) 151071 (Appellate Court of Illinois, 2018)
People v. Rivera
947 N.E.2d 819 (Appellate Court of Illinois, 2011)
People v. Staple
932 N.E.2d 1064 (Appellate Court of Illinois, 2010)
People v. Pratt
908 N.E.2d 137 (Appellate Court of Illinois, 2009)
People v. Walker
902 N.E.2d 691 (Illinois Supreme Court, 2009)
People v. Hoerer
Appellate Court of Illinois, 2007
People v. Bingham
847 N.E.2d 903 (Appellate Court of Illinois, 2006)
People v. Hart
828 N.E.2d 260 (Illinois Supreme Court, 2005)
People v. Ragusa
Appellate Court of Illinois, 2004
People v. Beler
763 N.E.2d 925 (Appellate Court of Illinois, 2002)
People v. Wanke
708 N.E.2d 833 (Appellate Court of Illinois, 1999)
People v. Ousley
697 N.E.2d 926 (Appellate Court of Illinois, 1998)
People v. Taylor
682 N.E.2d 310 (Appellate Court of Illinois, 1997)
People v. Childress
657 N.E.2d 1180 (Appellate Court of Illinois, 1995)
People v. Robinson
626 N.E.2d 1242 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
403 N.E.2d 229, 79 Ill. 2d 341, 38 Ill. Dec. 141, 1980 Ill. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-friedman-ill-1980.